The Federal Government (Government) has announced the release of research into the prevalence of cyber-bullying in Australian schools and outlined its plans to combat this dangerous trend. The Parliamentary Secretary to the Federal Minister for Communications the Hon Paul Fletcher MP, announced the release of its research report entitled 'Cyber-bullying Research (June 2014)'  at a 'National Centre Against Bullying Conference' on Wednesday (Conference) which details findings on youth exposure to, and management of, cyber-bullying incidents in Australia (Report). The Report's findings include that:

• one in five Australian children aged eight to seventeen experience cyber-bullying each year; and
• in 2013, 72% of schools reported at least one incident of cyber-bullying.

Back in January the Government earmarked $2.4 million for a Children's Safety E-Commissioner (E-Commissioner) and issued a discussion paper (Paper) seeking comment on proposed policy measures including:

• establishing the E-Commissioner;
• developing an effective complaints system, backed by legislation, to get harmful material down fast from large social media sites; and
• examining whether there is a need for a new, simplified cyber-bullying offence.

To date, public feedback has suggested that a cyber-bullying offence is not necessarily needed.  Offences relating to the misuse of the internet are already included in various Federal and State laws such as the Criminal Code Act 1995 (Cth).  Rapidly changing technology, new internet sites and smart device applications also makes it hard for the Government to continually develop new laws which adequately regulate online activity. Such laws would have to be so broadly drafted as a 'catch-all' that they would be open to ambiguity and unlikely to be applied effectively.

Feedback also challenged the authority of the E-Commissioner.  The Government sees the E-Commissioner as an envoy to establish meaningful relationships between the Government and the operators of internet sites in Australia and overseas. But the E-Commissioner's ability to take enforcement action against site operators which do not engage with it, or ignore it, means it could become a 'toothless tiger'.

Feedback received in relation to the Paper is being used with the Report to help the Government finalise its policy package in this area, with its aim being to introduce legislation into the Parliament before the end of this year.

Interestingly the night before the release of the Report a Thought Leadership Panel Discussion on 'Cyber-bullying' was held with a panel featuring Mr Fletcher, as well as Human Rights Commissioner Tim Wilson and Dr Jenny Cartwright - Australian Federal Police.   Key themes and issues that came from the panel discussion were:

• The benefits of social media to allow those who were previously voiceless or marginalised to express themselves and the opportunities for schools to create study groups with students online.
• Schools are now confronted by a whole new form of student interaction, where the ability to publish anything online is having more of an impact on student relationships and emotions than face-to-face interaction in the playground.
• Whilst standards of decency and civility might be present in the form of a site's terms and conditions these are rarely effective in protecting children online.
• Many schools, and teachers, are now burdened by having to manage and resolve student social media conflicts on a regular basis with an increasing expectation from parents that schools will manage and resolve all social media issues including cyber-bullying incidents involving their children, even if they occur outside school hours.
• Parents also expect schools to educate students on how to use social media responsibly and safely and to this end many schools have implemented social media policies or include cyber-bullying as part of their curriculum, for this purpose.  Interestingly in a recent School Governance poll 58% of respondents answered "No" to the question: Has your school published and effectively implemented a social media policy?
• This being said the panel also emphasised the important role that parents play in preventing cyber-bullying and that parents should be encouraged by schools to have conversations with their children about their use of the internet and social media.

How does your school handle social media? Do your policies extend into the internet and the weekend? Stay tuned for CompliSpace's schools social media e-book, being released shortly!